【文章內(nèi)容簡介】 rvices, a likelihood of confusion shall be presumed.The rights described above shall not prejudice any existing prior rights, nor shall they affect the possibility of Members making rights available on the basis of use. 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to services.In determining whether a trademark is wellknown, Members shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Member concerned which has been obtained as a result of the promotion of the trademark. 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to goods or services which are not similar to those in respect of which a trademark is registered, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered trademark and provided that the interests of the owner of the registered trademark are likely to be damaged by such use. Article 17 Exceptions Members may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties. Article 18 Term of ProtectionInitial registration, and each renewal of registration, of a trademark shall be for a term of no less than seven years.The registration of a trademark shall be renewable indefinitely. Article 19 Requirement of Use use is required to maintain a registration, the registration may be cancelled only after an uninterrupted period of at least three years of nonuse, unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner.Circumstances arising independently of the will of the owner of the trademark which constitute an obstacle to the use of the trademark, such as import restrictions on or other government requirements for goods or services protected by the trademark, shall be recognized as valid reasons for nonuse. subject to the control of its owner, use of a trademark by another person shall be recognized as use of the trademark for the purpose of maintaining the registration. Article 20 Other Requirements The use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements, such as use with another trademark, use in a special form or use in a manner detrimental to its capability to distinguish the goods or services of one undertaking from those of other undertakings. This will not preclude a requirement prescribing the use of the trademark identifying the undertaking producing the goods or services along with, but without linking it to, the trademark distinguishing the specific goods or services in question of that undertaking. Article 21Licensing and Assignment Members may determine conditions on the licensing and assignment of trademarks, it being understood that the pulsory licensing of trademarks shall not be permitted and that the owner of a registered trademark shall have the right to assign the trademark with or without the transfer of the business to which the trademark belongs.PART III ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS SECTION 1:GENERAL OBLIGATIONSArticle 41 shall ensure that enforcement procedures as specified in this Part are available under their law so as to permit effective action against any act of infringement of intellectual property rights covered by this Agreement, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements.These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.2.Procedures concerning the enforcement of intellectual property rights shall be fair and equitable.They shall not be unnecessarily plicated or costly, or entail unreasonable timelimits or unwarranted delays.3.Decisions on the merits of a case shall preferably be in writing and reasoned.They shall be made available at least to the